Search Results for "Section 397"

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Search Results for "Section 397"

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Supreme Court

Supreme Court Allows Appeals in FERA Case Due to Non-Compliance with Mandatory Opportunity Notice and Violation of Speedy Trial. The Court quashed criminal complaints and summoning orders against Standard Chartered Bank and its officer for offences under FERA, holding that the proviso to Section 61(2) of FERA requires a mandatory opportunity notice before prosecution, and that inordinate delay of over 20 years violated Article 21.

21 Jul 2026

The case involves appeals by Standard Chartered Bank and its officer against the judgment of the Bombay High Court, which declined to quash two crimin...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that second appeal under Section 100 CPC cannot be entertained on questions of fact when lower courts have concurrently found that the suit property is not joint family property and that the plaintiffs failed to prove title.

6 Jul 2023

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, was filed by the appellants (original plaintiffs) against th...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Deductions Under Sections 36(1)(vii) and 36(1)(iii) of the Income Tax Act, 1961. Tribunal's order setting aside Commissioner's revision under Section 263 upheld as Assessing Officer had made proper inquiries and formed an opinion.

5 Aug 2022

The appeal was filed by the Pr. Commissioner of Income Tax-14, Mumbai (appellant-revenue) under Section 260-A of the Income Tax Act, 1961, against the...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

High Court

High Court of Karnataka Allows Revision Petition in Negotiable Instruments Act Case — Order of Acquittal Restored Due to Non-Prosecution by Complainant. The High Court held that the Sessions Court erred in restoring a complaint dismissed under Section 256 Cr.P.C. for non-appearance of the complainant, as the dismissal amounted to an acquittal and could not be set aside in revision.

9 Aug 2018

The petitioner, Smt. G. Kamala, was the accused in a complaint filed by the respondent, Umesh Shetty, under Section 138 of the Negotiable Instruments ...

High Court

Bombay High Court Allows MSEB's Appeal and Dismisses Railway's Appeal in Goods Damage Claim — Railway Administration Held Liable for Negligence in Transit. Carrier's Duty of Care Under Section 72 of Railways Act, 1989 Requires Proof of Reasonable Care; Failure to Provide Open Wagon Cover or Proper Handling Constitutes Negligence.

8 May 2014

The case involves two cross-appeals arising from a common judgment of the Railway Claims Tribunal, Nagpur, concerning damage to a consignment of elect...

High Court

Bombay High Court Dismisses Appeal Against CLB Order in Company Law Dispute Over Share Transfer and Oppression. Court upholds CLB's refusal to dismiss petition under Section 397/398 of Companies Act, 1956, finding prima facie case of oppression and mismanagement.

20 Dec 2012

The judgment arises from a company appeal filed under Section 10F of the Companies Act, 1956, by M/s. Gharda Chemicals Limited and others against an o...

High Court

Bombay High Court Acquits Accused in Attempt to Murder and Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 307, 397 IPC set aside as sole eyewitness testimony was inconsistent and not supported by medical or other evidence.

6 Feb 2012

The appellant, Anil Lilachand Sarjare, was convicted by the Sessions Judge, Nagpur in Sessions Trial No.132/2007 for offences under Sections 307 read ...

High Court

Bombay High Court Allows Criminal Writ Petition Challenging Sessions Court's Revision Order Against Issuance of Process. Order of Issuance of Process Under Section 204 CrPC is Interlocutory and Not Revisable Under Section 397(2) CrPC.

18 Jan 2011

The petitioner, Sharad Vasant Sawant, filed a complaint under Sections 406 and 420 read with 34 of the Indian Penal Code, 1860 against respondent nos....

High Court

Bombay High Court Upholds Conviction of Appellants in Petrol Pump Robbery Case. Accused convicted under Section 394 read with Section 397 and Section 34 IPC for armed robbery with pistols and iron rod.

16 Jul 2010

The judgment pertains to Criminal Appeals No. 558 of 2004 and 512 of 2004 filed by the appellants against their conviction under Section 394 read with...

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